Updated Images of Damage to Differentiate Between Spouses
DOI:
https://doi.org/10.35246/rgaynk60Keywords:
Harm, Domestic Violence, Sex, Segregation, Networking SitesAbstract
The Iraqi legislation, in its desire to protect the parties to the marital bond, allowed each of the spouses to file a separation claim for damage, and the cases of damage mentioned in Article (40) of the Iraqi Personal Status Law were cited as examples, which means the creation of cases within the meaning of damage, the practical reality indicates the existence of new cases that are requires the separation of harm, including the wrong use of spouses for social exchange networks, and what is due to the violence exerted by one spouse to the other and the so-called ( family violence). The reason for the separation may be due to the deviant ideas that have plagued Arab societies as well as biological, psychological and social motives that led to the desire of one spouse to change his gender, which causes harm to the other spouse.
Downloads
References
First: The Holy Quran
Second: Linguistic books
I - Abu Fadl Jamal al-Din Mohammed bin Makram al-Ansari, Lassan al-Arabi, Part VI, Egyptian House of Composition and Translation 630 P.o
II- Abubakar Muhammad bin Al-Hassan bin Dred Al-Azadi, Colloquium of Language, House of Science for Millions, Beirut, Part I, first edition, and 1987.
III - Abu al-Abbas Ahmed bin Mahmoud bin Ali al-Fiomi al-Hamoui, Misbah al-Munir, Scientific Library, Part II, Beirut, without printing year.
IV - Mohammed bin Abi Bakr Abdelkader Al-Razi, Mukhtar Al-Sahah, Arab Book House, Beirut, Lebanon, 1981.
Third: jurisprudence books
I - Ahmad bin Ali bin Hajr al-Askalani, Fatah al-Bari Explanation of Sayyeh al-Bukhari, Dress Book, Part X
II- Shams al-Din al-Sarkhsi, Mubasat, Dar al-Marefa, Beirut, 1993, Part XXIV
III- Shams al-Din Hamad Arafa al-Dsouqi, footnote to al-Dsouqi on the Grand Commentary, Part II, Arab Book Revival House.
IV. Legal textbooks
I - Ibrahim al-Sharqawi al-Shahabi, Sex Fixation and its Effects, Comparative Study in Islamic Jurisprudence and Positive Law, First Edition, Dar al-Bookshop, Cairo, 2002.
II - IYAD AHMED SAEED AL SARI, Explanation of Personal Status Law No. 188 of 1959 amended (Marriage and Divorce), Legal Library, Baghdad, first edition, 2021.
Ⅲ - Hassan Abdul-Kadhim Maya, Practical and Theoretical Procedure in the Texts of Personal Status Law, Al-Maslah House for Printing, Publishing and Distribution, First Edition, Baghdad, 2023
IV- Hussein Ahmed al-Khaykani, Undermined in the Decisions of the Personal Status Authority of the Federal Court of Cassation unpublished for 2020-2021, Baghdad, Comparative Law Library, first edition, 2021
V - Khaled Ghassan Youssef Al-Makdadi, Social Networking Revolution, Dar Al-Selsa Publishing, Jordan, first edition, 2013
VI- Rabi Mohammed Al-Zahawi, Personal Status Litigation Scientist, Sinhoori Library, Baghdad, 2nd Edition, 2014.
VII- Abdullah bin Abdulaziz al-Yousef, Family Violence, Social Affairs Foundation, Riyadh, 1426 AH, 2005.
VIII- Abd al-Rahman bin Ibrahim al-Sha 'ar, Reality of Social Communication and Human Behaviour, Al-Safeh Publishing and Distribution House, Amman, first edition, 2015.
IX - Abdul Kader Ibrahim Ali, Ahmed Mahmoud Abdul Daybel, Al-Wajiz in Personal Status and Islamic Law, 2nd Edition, Dar al-Saddiq, Baghdad, 2018.
X - Leith Indian Painter, Butter in Personal Status, Sabah Law Library, Baghdad, 3rd Edition, 2021
XI- Leila Abdel-Wahab, Domestic Violence, Crime and Violence against Women, First Edition, Al-Hayriyat Publications, Beirut, Lebanon, No Year in Print
XII- Mu 'id Hamid al-Asadi, Selected in Legal Principles, Personal Status Department, Legal Library, Baghdad, First Edition, 2019
L. Mu 'id Hamid al-Asadi, Al-Wagiz Al-Meiser, Sabah Library, Baghdad, 2016.
V. RESEARCH AND UNIVERSITY MESSAGING
I- Bashar Abdel Rahman, the role of social media sites in the phenomenon of divorce, research published in the Journal of the Faculty of Education, Wasit University, Count 44, Part I, 2021
II - Ramadan Hassan Dahi Abdul Hafiz, domestic violence against girls from the perspective of Islamic jurisprudence, research published in the journal of the Faculty of Religious Origins 2019.
II- Sadi Mohammed Najib, Sexual Change from a Legal and Legal Perspective, Research published in the Academy's Journal of Legal and Political Research, vol. IV, No. 2, 2020
IV- Adil Nasir Hussein, Harib Salahuddin Mahmoud, Impact of Gender Change on Personal Status Issues, research published in the Journal of Legal Sciences Researcher, vol. III, No. 2, December 2022 V. Manal Marwan Munjid, Transgender Processes in the United Arab Emirates, Comparative Analysis, Research published in the Journal of Sharjah University of Legal Sciences, vol. XVI, No. 2, 2016
VI- Malvi Abdelkader, Biyawi Sayed Ahmed, Impact of Social Networks on Marital Relations, research published in Cultural Dialogue Magazine, vol. XI, Issue II, 2022
VII- Nadia Ali Hussein, Impact of Modern Means of Communication on Spousal Division, Research published in Hamurabi Journal of Studies, Supplement No. 47, Year 12, September 2023
VII: Websites
VIII- Mahmoud Asim Issam, Human Gender Change, Study in Criminal Law and Islamic Law, Master's thesis presented to the Law Faculty Council, Baghdad University, 1425 AH, 200
VI: Resolutions unpublished
I. Court of Cassation Decision No. 1543/First Person/1983 18/4/1983
II - Federal Court of Cassation Decision No. 1220/First Person/2006 22/3/2006
III - Federal Court of Cassation Decision No. 2558/First Personality/2007 in 28/11/2007
IV - Federal Court of Cassation Decision No. 2691/Personal Status Authority/2008 in 19/8/2008
V. Federal Court of Cassation Decision No. 4310/First Person/2014 7/9/2014
Ⅵ . Federal Court of Cassation Decision No. 5148/Personal Status and Personal Materials Authority/2014 in 25/8/2014
VII .Federal Court of Cassation Decision No. 3038/First Person/2016 9/5/2016
VIII - Federal Court of Cassation Decision No. 5126/Personal Status and Personal Materials Authority/2017 11/9/2017
IX - Federal Court of Cassation Decision No. 560/Personal Status and Personal Materials Authority/2021 17/1/2021
X. Federal Court of Cassation Decision No. 66/First Person/2023 on 23/7/2023
XI - Federal Court of Cassation Decision No. 10752/Personal Status and Personal Materials Authority/2023 6/8/2023
VII: Websites
Ⅰ - https://www.skynewsarabia.com/varieties/1653716
Ⅱ- https://presidency.iq/Details.aspx?id=8355
VIII: Laws and Regulations
I- Iraqi Personal Status Law No. 188 of 1959 amended
Ⅱ- Instructions from the Iraqi Ministry of Health published in the Iraqi Fact Sheet on the number 3947 in the 18/11/2002.
III - Law against Domestic Violence No. 8 of 2011 published in the Iraqi Kurdistan Fact Sheet No. 132 on 11/8/2011
Ⅳ - Anti-Domestic Violence Project for 2016
Ⅴ- UAE Federal Medical Liability Law No. 4 of 2016 V
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution 4.0 International License.
Copyright and Licensing:
For all articles published in Journal of Legal Sciences, copyright is retained by the authors. Articles are licensed under an open access Creative Commons CC BY 4.0 license, meaning that anyone may download and read the paper for free. In addition, the article may be reused and quoted provided that the original published version is cited. These conditions allow for maximum use and exposure of the work.
Reproducing Published Material from other Publishers: It is absolutely essential that authors obtain permission to reproduce any published material (figures, schemes, tables or any extract of a text) which does not fall into the public domain, or for which they do not hold the copyright. Permission should be requested by the authors from the copyrightholder (usually the Publisher, please refer to the imprint of the individual publications to identify the copyrightholder).
Permission is required for: Your own works published by other Publishers and for which you did not retain copyright.
Substantial extracts from anyones' works or a series of works.
Use of Tables, Graphs, Charts, Schemes and Artworks if they are unaltered or slightly modified.
Photographs for which you do not hold copyright.
Permission is not required for: Reconstruction of your own table with data already published elsewhere. Please notice that in this case you must cite the source of the data in the form of either "Data from..." or "Adapted from...".
Reasonably short quotes are considered fair use and therefore do not require permission.
Graphs, Charts, Schemes and Artworks that are completely redrawn by the authors and significantly changed beyond recognition do not require permission.
Obtaining Permission
In order to avoid unnecessary delays in the publication process, you should start obtaining permissions as early as possible. If in any doubt about the copyright, apply for permission. Journal of Legal Sciences cannot publish material from other publications without permission.
The copyright holder may give you instructions on the form of acknowledgement to be followed; otherwise follow the style: "Reproduced with permission from [author], [book/journal title]; published by [publisher], [year].' at the end of the caption of the Table, Figure or Scheme.